Coastal Regulation Zone - Only Construction Of Anti-sea Erosion Bund Permissible Under Crz Notification
NGT Orders Removal of Unauthorized Promenade at Aksa Beach. Tribunal Upholds Anti-Sea Erosion Measures But Directs Dismantling of Unapproved Construction
News Report: In a recent judgment by the National Green Tribunal's Western Zone Bench in Pune, the Tribunal has directed the Maharashtra Maritime Board to dismantle an unauthorized promenade constructed at Aksa Beach, Mumbai. The judgment, delivered by Mr. Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni, has emphasized adherence to the Coastal Regulation Zone (CRZ) Notification, 2011, asserting that while anti-sea erosion measures are permissible, additional constructions such as promenades are not. The tribunal’s decision comes after reviewing the CRZ clearance granted on March 5, 2019, and subsequent modifications, highlighting non-compliance with stipulated environmental conditions.
The case, Banda Nagaraj Kumar and others v. Maharashtra Maritime Board, revolved around allegations of environmental violations due to construction activities at Aksa Beach, a popular tourist spot known for its pristine sands. The applicants argued that the construction, including a concrete road and promenade, was undertaken without proper CRZ approval, thereby disturbing the natural landscape and ecosystem. The tribunal noted that while the anti-sea erosion bund was permissible and constructed appropriately between the High Tide Line (HTL) and Low Tide Line (LTL), the promenade exceeded the scope of approved projects and violated CRZ norms.
The judgment underscored the importance of Environmental Impact Assessment (EIA) studies in ensuring that construction activities do not disrupt natural tidal flows or intertidal areas. The tribunal ordered the removal of the promenade within two months, reaffirming the need for compliance with environmental regulations to prevent ecological damage and protect the coastal region's integrity.
Bottom Line:
Construction of anti-sea erosion bund permissible under CRZ Notification, 2011, but any additional construction such as a promenade beyond approved projects is prohibited. Promenade constructed in CRZ area without approval must be removed.
Statutory provision(s): Coastal Regulation Zone Notification, 2011
